3.10.3.   VARIANCES
   A.   Applicability
   The following applications are processed in accordance with the B/A Variance procedure:
      1.   Variances from the requirements of the ; and,
      2.   Requests for major Modifications of Development Regulations (MDR) in the Rio Nuevo District (see Section 5.11.9 for the minor and major MDR criteria).
   B.   Pre-Application Conference Required
   A pre-application conference with staff is required in accordance with Section 3.2.1.
   C.   Neighborhood Meeting Required
   The applicant is required to conduct a neighborhood meeting and provide notice of the meeting in accordance with Section 3.2.2.
   D.   Application
   Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for the application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A.
   E.   Notice of Application
   The PDSD shall mail and post notice of the application in accordance with Section 3.2.4.B & F.
   F.   Public Comment Period
   For 20 following the date on which notice is mailed, the public may submit comments on the proposal to the PDSD.
   G.   Review
      1.   Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the , and others as may be deemed appropriate by the PDSD .
      2.   Variance requests from the Environmental Resource standards require review by the Design Review Board and the Stormwater Technical Advisory Committee as provided in Section 5.7.7. Variance requests from Scenic Corridor , the Gateway Corridor , the and screening regulations, and the native plant protection standards require DRB review as provided in Sections 5.3.14, 5.5.6, 7.6.9.D, and 7.7.6.B respectively.
   H.   Public Hearing and Public Notice Required
   A public hearing with the B/A on the request is required. Mailed notice of the public hearing is required in accordance with Section 3.2.4.B. The notice of the public hearing may be consolidated with the notice of the application submittal.
   I.   Advisory Board Review
   Variance requests from the Environmental Resource standards require review by the Design Review Board and the Stormwater Technical Advisory Committee as provided in Section 5.7.7. Variance requests from the Scenic Corridor , the Gateway Corridor , the and screening regulations, and the native plant preservation standards require DRB review as provided in Sections 5.3.14, 5.5.6, 7.6.9.D, and 7.7.6.B, respectively.
   J.   Board of Adjustment Decision
   The B/A may close the public hearing or continue it to a specific date, time, and place provided the continuance is not for more than 120 . The B/A shall issue a decision in accordance with the findings required for approval of the application at the conclusion of the public hearing.
   K.   Findings for Approval
   The B/A may approve a variance only if it finds:
      1.   That, because there are special circumstances applicable to the property, strict enforcement of the will deprive such property of privileges enjoyed by other property of the same classification in the same ;
      2.   That such special circumstances were not self-imposed or created by the owner or one in possession of the property;
      3.   That the variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in which  such property is located;
      4.   That, because of special circumstances applicable to the property, including its size, shape, topography, location, and surroundings, the property cannot reasonably be developed in conformity with the provisions of the ;
      5.   That the granting of the variance shall not be detrimental to the public welfare or injurious to other property or in the neighborhood in which the property is located;
      6.   That the proposed variance shall not impair an adequate supply of light and air to property, substantially increase congestion, or substantially diminish or impair property values within the neighborhood; and,
      7.   That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions that are in question.
   L.   Variance Powers Not Granted to Board of Adjustment
   The B/A may not:
      1.   Make any changes in the uses permitted in any zoning classification;
      2.   Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner;
      3.   Grant a variance to any administrative requirement of the or to any requirement which is not a specific regulation or use-specific standards required of a ;
      4.   Grant a variance to the use-specific standards required of Educational Uses as provided in Section 4.9.3.E.; or,
      5.   Delete or vary any use-specific standards applicable to a Special Exception Land Use as required by the , unless specifically allowed by the , or as established as a condition by the decision-making body in granting the use.
   M.   Notice of Decision Required
   Notice of the decision shall be mailed within three of the decision to the applicant and who received notice of acceptance of application.
   N.   Reconsideration
   The B/A may consider one request for reconsideration by the applicant or a , in accordance with Section 3.10.1.G.
   O.   Change of Condition
   After a variance has been granted by the B/A, the property owner/applicant may request a change to a condition for approval imposed by the B/A based upon changed circumstances that affect the condition. The request shall be heard by the B/A. The B/A shall initially determine whether the request is for a minor change of condition that does not materially alter the variance and does not materially affect any other properties. If the B/A determines that the request is for a minor change of condition, it may decide whether to approve or deny the change. If the B/A determines that the request is not a minor change of condition and there are reasonable grounds for the request, the case shall be scheduled for a public hearing and notice provided in accordance with Section 3.2.4.
   P.   Expiration of Approval
   Any variance granted through this process or on appeal is null and void if permits are not issued or compliance with conditions of approval does not occur within 180 from the date of approval. A shorter time period for compliance may be required as a condition of approval. Two extensions of up to 180 each may be granted by the PDSD for good cause. A that has been recorded in compliance with the variance is exempt from the expiration period in this section.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013)